RAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment would dispose of Civil Writ Petition Nos. 10314, 12140 and 12483 of 1991 as identical questions of fact and law are involved in all the petitions.

(2.) THE prayer of the petitioners who are all law graduates and belong to weaker sections of Society is for issuance of an appropriate writ especially in the nature of mandamus directing the respondents, the State of Punjab and the Punjab Public Service Commission to hold viva voce test for their ultimate selection and absorption as Subordinate Judges in the State of Punjab under reserved quota earmarked for them in the advertisement dated September 8, 1990 pursuant to which written test was held from 1-4-19. 91 to 4-4-1991. The aforesaid prayer stems from the following facts :

(3.) ALL the petitioners are law graduates having obtained the degree from one or the other Universities established under the Statute and affiliated with the University Grant Commission which degree admittedly enables them to compete for the posts of Subordinate Judges in the P. C. S. (Judicial Branch ). All the petitioners belong to Scheduled Castes and Scheduled Tribes segments of the community. In the wake of its policy to ameliorate the lot of this section of the Society, the Government had been issuing instructions from time to time so as to earmark the quota of vacancies which has necessarily to go to them. In so far as reservation of Scheduled Castes and Scheduled Tribes in the P. C. S. (Judicial Branch) is concerned, the policy of the Government was always taken to its logical ends by giving it recognition in all the advertisements that were issued by the Punjab Public Service Commission with a view to fill up the vacancies that might be available from time to time. Vide advertisement dated September 8, 1990, the Punjab Public Service Commission invited applications for the recruitment of 52 posts in the Punjab Civil Service (Judicial Branch ). The contents thereof manifest that 14 posts were reserved for Scheduled Castes, 3 for Backward Classes, 8 for Ex-servicemen and one for children/grand children of freedom fighters of Punjab. The rest of the posts were obviously meant for the general category candidates. The petitioners who were eligible to appear in the competitive examination that was held in consequence of advertisement, reference of which has been given above, did apply for and appeared against their respective roll numbers and in the written test that was held, they secured 45% or more marks but they were not called for interview. However, in obedience to the directions issued by this Court in Civil Writ Petition No. 9071 of 1991 titled "sanjay Khanna and Ors. v. State of Punjab and Ors. , C. W. P. No. 9071 of 1991". they were interviewed by the Punjab Public Service Commission as they had obtained 45% or more marks in the written test. The result declared by the Punjab Public Service Commission. further demonstrates that all the petitioners obtained more than 45 marks in the written examination. It is in the wake of aforesaid facts and circumstances that the prayer of the petitioners is to appoint them on the posts of Subordinate Judges in P. C. S. (Judicial Branch ). Before the matter is discussed any further, the stage is ripe to look into the Rules of 1951 particularly with regard to eligibility of candidates in particular belonging to Scheduled Castes or Scheduled Tribes as were obtainable immediately prior to the advertisement inviting applications as also the written examination and the amendments that came into being during the currency of selection process. Rules 7 and 8 of the Rules of 1951 which have a direct bearing upon the controversy involved in this litigation as were amended by notification dated April 10, 1989 i. e. immediately before the advertisement and written examination run as under :